Raila confused after Uhuru refused to arrest him – Mutahi Ngunyi

- Analyst says Raila Odinga’s scheme was to have the government arrest him after he was sworn-in

- Ngunyi says failure to arrest Raila has left him confused and without a plan, making him look like a joke

- He says the government is disobeying court orders in a bid to save the country and accuses Chief Justice David Maraga of selectively applying the law in favour of NRM but at Kenya’s expense

Political analyst Mutahi Ngunyi now says National Resistance Movement (NRM) leader Raila Odinga has been left utterly confused after the government refused to arrest him in the wake of his “swearing-in” in as the “people’s president”.

According to Ngunyi, Raila’s scheme was to ride on the uproar that would have followed his arrest.

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“Raila is not a strategist. He is a tactician. And tacticians are like magicians. They rely on lies, tricks and chance. If a magician like Raila ran out of lies, tricks and chance, he gets confused, and this is what has happened to the poor guy,” he says in his latest episode of Fifth Estate, his weekly political analysis on YouTube.

Ngunyi opines that Uhuru’s decision not to comment on Raila’s swearing in, and the uncharacteristic decision to keep off politics altogether for several weeks now caught the NRM leader flat-footed.

“His (Uhuru’s) silence is so loud and as they say, silence annoys even the devil. When Uhuru refused to arrest him, he got confused, and if this is so, then Uhuru should keep it that way,” he advises, saying the silence card has left Raila looking like a joke.

Ngunyi tears into Chief Justice David Maraga over his perceived favouritism when arbitrating on matters between the government and the opposition.

He bases his attack on Maraga’s assertion last month that he could not stop judges from swearing in Raila as he had no powers to direct them, only to later direct the same judges and reprimand the government after it refused to obey court orders.

“Maraga is either intellectually challenged or he suffers from selective amnesia. When it’s about Raila he directs the judges. When it’s about Uhuru, he says he has no powers to direct judges. This man has a political sickness,” says W.M a political economist. "Our judiciary is in the hands of a politically unstable man, and this is why Uhuru has disobeyed irrational decisions by the courts”.

Ngunyi deeply defends the state’s disregard for court orders, saying Uhuru is merely applying the doctrine of political necessity, a political theory that allows the state to disobey the law in a bid to preserve order and the public good.

He likens Kenya to a mother with a problematic pregnancy and says the question is whether it should be terminated or let to continue even when it results in the death of both the mother and the child.

“According to Maraga, it should continue uninterrupted whether it results in death or not. If both the child and the mother die, and the law is observed, Maraga is happy,” explains P.G. a political scientist.

But to Uhuru, he notes that saving mother Kenya is more important than the law, and if it is necessary to break the law in order to save country, he will do it. “The doctrine of civil necessity demands that the life of the mother must be preserved,” he concludes.

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